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Article published Mar 2, 2005
Gay marriage ban hits a snag

COLUMBIA -- Giving voters the opportunity to decide whether the state's constitution should be amended to strengthen a same-sex marriage ban was supposed to be a slam-dunk in the Republican-controlled Legislature.The House did its part, voting 96-3 on Tuesday to put the question on the ballot in the next general election.But a funny thing happened in the Senate Judiciary Committee, where Senate President Pro Tem Glenn McConnell, R-Charleston, tossed the legislation to a subcommittee chaired by Sen. Robert Ford, D-Charleston.Ford is one of the proposal's biggest opponents.Ford has become a human rain delay, proposing a series of public hearings before bringing the measure to a vote. He originally wanted to hold seven hearings, but scaled that back to "three or four" after meeting with McConnell on Tuesday."We've got to make sure that we pass a constitutional amendment that's constitutional," Ford said. "We'll speed up the hearings, but if we're going to change the constitution we've got to make sure no one's rights are violated."Anytime someone introduces something that is going to trample people's rights, you have some people who jump on right away. They're called Republicans, and that's their agenda. They don't care about being humane or compassionate," Ford added.Sen. John Hawkins, R-Spartanburg, introduced the legislation languishing in Ford's subcommittee. He said the Senate should allow Ford some leeway, but added that he's prepared to move to pull the bill out of the subcommittee if Ford doesn't work quickly enough."We can't allow one person who is philosophically opposed to the bill to obstruct the will of the people," Hawkins said. "Sen. McConnell wants to let the subcommittee process work and I respect his judgment. But we're not going to wait forever. If Sen. Ford thinks he's going to single-handedly kill this bill, he's badly mistaken."Ford accused Hawkins of trying to push the issue through to build his voter base, something he said the second-term senator needed to do after a close call in last June's Republican primary, when Hawkins defeated Lee Bright by 29 votes."All because he had a close race, Sen. Hawkins is now trying to appeal to a segment of people who are mean-spirited, hateful and bigoted," Ford said. "Coming from a political family, he's spoiled. He thinks just because he introduces a bill it should be passed without question."Hawkins brushed aside Ford's criticism. He pointed out that he sponsored the legislation last year as well."I've always supported it," he said. "We're trying to protect people's rights in South Carolina by keeping some judge from coming along and declaring gay marriage to be legal. I don't really care which bill gets passed so long as we get these protections into law."The resolution passed by the House on Tuesday would allow voters to decide whether the constitution should be changed to define marriage as a union between one man and one woman and to void same-sex marriages recognized by other states. The Legislature passed a law in 1996 preventing gay marriages from being performed in the state.Sixteen states have already amended their constitutions and 11 more are in the process."It's a sad commentary that we have to amend our constitution to defend marriage," said Rep. Greg Delleney, R-York, the primary sponsor of the resolution in the House. "This bolsters our defense against a judicial fiat coming from a divided court."But Rep. Brenda Lee, D-Spartanburg, who joined Democrats Gilda Cobb-Hunter and Todd Rutherford in voting against the measure, said she didn't want to infringe upon the rights of individuals."I respect the institution of marriage, but people should have choices in life," Lee said. "If they want to marry, that's their choice."Robert W. Dalton can be reached at 562-7274 or bob.dalton@shj.com.